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Annie IIIC Findings of Fact and Order
# P-0507 6
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BEFORE THE BOZEMAN CITY COMMISSION
GALLATIN COUNTY, MONTANA
IN THE MATTER OF THE APPLICATION OF ROGER FINDINGS
AND ROSALIND SMITH, REPRESENTED BY OF FACT
GASTON ENGINEERING & SURVEYING, FOR AND ORDER
PRELIMINARY APPROVAL OF THE ANNIE IIIC
MINOR SUBDIVISION.
This matter came before the Bozeman City Commission on March 6, 2006, for review and
decision pursuant to the Montana Subdivision and Platting Act, Section 76~3-101 through 76-3-(j25,
Montana Codes Annotated, and the City of Bozen"lan Subdivision Regulations, City of Bozeman
Crowth Policy, and City of Bozeman Unified Development Ordinance. The applicants presented to
the Commission a proposed Preliminary Subdivision Plat for a 4-lot Second or Subsequent Minor
Subdivision from a Tract of Record, as submitted in its original form on December 20,2005, P-05076.
'fhe Commission held a public hearing on the preliminary plat and considered all relevant evidence
relating to the public health, safety, and welfare, including the recotnmcndation of the Bozeman
Planning Board, to detennine whether the plat should be approved, conditionally approved, or
disapproved.
It appeared to the Commission that all parties wishing to appear and comment were given the
opportunity to do so, and therefore, being fully advised of all matters having come before it regarding
this application, the Commission makes the following Pindings of Pact, as required:
tJJ~l)INGS 01" 1'1\CT
1.
On December 20, 2005, Roger and Rosalind Smith, represented by (~aston I ':ngineering &
Surveying, submitted an application for approval to create a Second or Subselluent Minor SubdivislOH
Annie IIIC Findings of Fact and Order __J
#P~05076 from a Tract of Record for 3.991 acres. The subject properties are legally described as a portion of Lot
1, Annie Subdivision, Phase II, in the SE% of Section 2, T2S, R5E, PMM, City of Bozeman, Gallatin
County, Montana. The subject property is zoned "R-3" (Residential Meclium Density District).
II.
The comments of the Development Review Committee, along with those of Planning &
Community Development Staff, were incorporated into a staff report with suggested conditions of
approval, which was provided to the City of Bozeman Planning Board.
TTT.
Public notice waS provided via publication of a legal notice in the newspaper, posting the subject
property, certified mailing of notices to adjacent property owners, and first class mailing of notices to
other property owners within 200 feet of the subject property.
'fhe City of Bozeman Planning Board hcld a public hearing on Febmary 22, 2006. The Planning
Board found that the application was properly submitted and reviewed under the procedures of the City
of Bozeman Unified Development Ordinance. Staff reviewed the staff report and the evidence which
justified the imposition of conditions.
The Planning Board then opened the public heating for public comment and no public
comment was provided.
The City of Bozeman Planning Boai'll then moved to recommend conditional approval of the
subdivision with conditions as recommended by Staff and passed on a vote of 7-0.
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Annie IlIe Findings of Fact and Order .J
#P-05076
IV.
The application was considered by the Bozeman City Cornmission at its regular meeting on
March 6,2006, at which time the rccommendation of the Planning Board and information compiled by
City staff was rcviewed.
V.
A. Primary Review Criteria
1. Effects on Agriculture
The property has been master planned for Residential development. The area has been
platted and developed for many years and does not support agricultural uses.
2. Effects on Agricultural Water User Facilities
No effects on agricultural water user facilities were identified.
3. Effects on Local Services
Water/Sewer. Therc is an existing 8-inch water main in N 251h St and a new water main
will be installed in the extension of Daffodil St to service the new lots. There is an
existing 8-inch sewer main in N 25th St and a new sewer main will be installed in the
extension of Daffodil St to service the new lots. Per code, the water ancJ sewer
improvements must be installed or financially guaranteed prior to fmal plat approval,
and must be installed prior to issuance of building permits. The location of existing
water and sewer mains will need to be properly depicted, with the proposed main
extensions noted as such.
The applicant must submit plans, specifications and a detailed design report for the
water and sewer main extensions to the City Engineer and the Montana Department of
I ':nvironmental Quality for review and approvaL In addition, the applicant needs to
resubmit previously approved infrastructure plans for the Annie Phase III Subdivision
for review and approvaL
The City needs to acquire water rights to keep up with the growing clemand for
municipal water service. Therefore, water rights or cash--in-lieu thereof must he
obtained with this development unless already paid.
Finally, the subject property is located within the Far West SID #621 sewer and the
HRDC \Vater payback districts. Paybacks shall be made prior to filing the final plat.
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Annie IIIC Findings of Fact and Order
#P-05076 ,Poliee/I'ire. The property is well within the City's Police and I'ire emergency response
area. The subdivider must obtain an address for the new lot from the City Engineering
Division prior to filing of the final plat to facilitate fIre and police response to the site.
Streets. The subdivider will need to remove the existing City standard sidewalk along N
25th St to extend Daffodil St to the east. The extension of Daffodil St will be a standard
City street, with curb, gutter and sidewalk, within a 60-foot right-of-way. To prevent
access directly to proposed Lot 4 from Durston Rd and N 2yh St, a one-foot no access
strip will be requifed along tlwse frontages.
The applicant must submit plans, specifications and a detailed design report for public
streets to the City Engineer for review and approval. In addition, the applicant needs to
resubmit previously approved infrastructure plans for the Annie Phase HI Subdivision
for review and approval.
The street improvemcnts must be installed Of financially guaranteed prior to final plat
approval, and must be installed prior to issuance of building permits. llowever,
sidewalks must be installed prior to occupancy of any structure on the property, or by
30 days after the third anniversary of the recordation of the final plat if construction has
not yet occurred.
To minimize wear and tear on existing City streets, and to reduce traffic conflicts, the
applicant will need to provide a construction route map and make provisions for the
routine cleaning/sweeping of adjacent streets in compliance with the Unified
Development Ordinance.
Finally, Durston Rd is an important access for the subject property. Therefore, building
permits will not be issued for the new lots until the Durston Rd special improvement
district (SID) project contract has been let.
::?J01"tlDYi1!cr. There is a history of tlooding on thcse lots frotn the culvert that crosses
Durston Road near 25th. Measures shall be taken to route stonnwater around the
proposed lots prior to issuance of a building permit unless the problem is already
cort"ected with the construction of Durston Rd.
Parks. ;\ park dedication histot)' has bccn provided to the Planning Department.
Although there is no parkland dcdication requirement for minor subdivisions, thc
residential units constructed in this subdivision will be included in the park dedication
history. The park dedications for the Annie Subdivisions comprise Rose Park.
Utilities. There are existing power, cable and phone utilities in other phases of the Annie
Subdivision to the north and in Durston Meadows to the west. The applicants are
proposing the standard 15-foot public utility ease.mcnts in thc fronts of all four lots for
the provision of utilities.
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4. Effects on thc Natural Environment
A Memorandum ofUndcrstanding must be entered into with the County Weed Board
prior to submittal of the final plat.
'fypically the 50-foot watercourse setback may not be located within private lots as it
shown on I,ot 1. However, because this lot is already developed, the plat as shown is
acceptable. The applicant is on notice that if and when Lot 1 is further subdivided, the
50-foot watercourse setback shall be designated as common open space, with a public
acccss easemcnt, for ownership and maintenance by the homeowners association. This
will provide a buffer for the watercourse.
5. Effects on Wildlife and Wildlife Habitat
There should be no impact on wildlife and wildlife habitat. Thc lot has bcen developed
with a single-household residence for many years.
6. Effects on Public Health and Safety
The intent of the regulations in the Unified Developrnent Ordinance is to protect the
public health, safety and general welfare. The subdivision has been reviewed and
determined to be in general compliance with the title. Any other conditions deemed
necessary to ensure compliance have been noted throughout this staff report.
B. Compliance with the survey requircmcnts provided for in Part 4 of the Montana
Subdivision and Platting Act.
The property in lluestion has been surveyed and platted in conformance with the Montana
Subdivision and Platting )\ct and filed as a preliminary plat in accordance with the state statute
and the Bozeman Municipal Code.
C. Compliancc with the Bozeman Unified Development Ordinanee.
The following requirements are standards of the Unified Development Ordinance and shall be
addressed with the final plat submittal:
1- Tn accordance with Section 1 H. 7HJJ70, a Memorandum of Understanding shall be
entered into with the Weed Control District prior to submitting the final plat. A copy
of the MOl) shall be submitted with the final plat application.
2. Pursuant to Section 18.42.150, subdivision lighting shall be provided. With the final
plat, provide documentation regarding how the new street light will be operated and
maintained, if not through the creation of a sn .I) or annexation to an existing SILD.
3. A final copy of thc covenants, restrictions, and articles of incorporation, with language
that indicates that these lots are included in the homeowner's association, shall be
submitted with the final plat application for review and approval by the Planning
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Annie IIIC Findings of Fact and Order
#P-05076
Department and shall contain, but not be limited to, provlSlOns for assessment,
maintenance, repair and upkeep of common open space areas, public parkland/open
space corridors, stonnwater facilities, public trails, snow removal, and other areas
common to thc association pursuant to Chapter 18.72 of the Bozeman Unified
Development Ordinance.
4. Pursuant to Scction 18.5(1090, executed waivers of right to protest creation of special
improvement districts (SI Ds) for a park maintenance district shall be filed and of record
with the Gallatin County Clerk and Recorder prior to fmal plat approval. A copy of the
filed documents shall be submitted with the final plat.
5. Plans and specifications and a detailed design report for water and sewer main
extensions, storm sewer and the public street, prepared by a Professional Engineer, shall
be provided to and approved by the City Engineer and the Montana Department of
Environmental Quality. The Applicant shall also provide Professional Engineering
services for constnlction inspection, post-construction certification, and prcparation of
mylar record drawings. Construction shall not be initiated on the public infrastructure
improvements until the plans and specifications have been approved and a pre-
construction confercnce has been conducted.
No building permits shall be issued prior to substantial completion and City
acceptance of the required infrastructure improvements.
6. All infrastructure improvemcnts including 1) water and sewer main extensions, and 2)
public streets, curb / guttcr, sidcwalks fronting parks, open space, rear yard frontages or
other non-lot frontages, and related storm drainage infrastructure improvements shall be
financially guaranteed or constructed prior to final plat approvaL
City standard residential sidewalks shall be constructed on all public street frontages of a
property prior to occupancy of any stmcture on the property. Upon the third
anniversary of thc plat recordation of any phase of the subdivision, any lot owner who
has not constructed said sidewalk shall, without further notice, construct within 30 days
said sidewalk for their lot(s), regardless of whether other improvements have been made
upon the lot. ThiS condition shall bc included on the final plat for the subdivision.
7_ The location of existing water and sewer mains shall be properly depicted. Proposed
main extensions shall be noted as proposed.
8. The developer shall make arrangements with the City Engineer's office to provide
addresses for all individual lots in the subdivision prior to filing of the final plat.
(). The applicant shall submit a construction route map dictating how materials and heavy
equipment will travel to and from the site in accordance with Section 18.74.020.1\.1.
This shall be submitted as part of the final site plan for site developments, or with the
infrasttuctutT plans for subdivisions. I t shall be the responsibility of the applicant to
ensure that the construction traffic follows the approved routes.
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[_~nnie IlIe Findings of Fact a_nd Order #P-05076 I
Hl All construction activities shall comply with Section 18.7 4.020.A.2. This shall include
routine cleaning/ sweeping of material that is draggcd to adjacent streets. The City may
require a guarantee as allowed for under this section at any time during the constnIction
to cnsure any damages or cleaning that are required are complete. The developer shall
be responsible to reimburse the City for all costs associated with the work if it becomes
necessary for the City to correct any problems that arc identified.
11. The final plat shall conform to all requirements of the Bozeman Unified Development
Ordinance and the Uniform Standards for Final Subclivision Plats and shall be
accompanied by all required documents, including certification from the City Engineer
that as built drawings for public improvements were received, a platting certificate, and
all required and correct certificates. The final plat application shall include four (4)
signed reproducible copies on a 3 mil or heavier stable base polyester film (or
equivalent); two (2) digital copies on a double-sided, high density 3-1/2" floppy disk;
and five (5) paper prints.
12. Pursuant to Section 18.06.040.D.6, conditional approval of the preliminary plat shall be
in force for not more than one calendar year. Prior to that expiration date, the
developer may submit a letter of request for the extension of the period to the Planning
Director for the City Commission's consideration. The City Commission may, at the
written request of the developer, extend its approval for no more than one calendar
year, except that the City Commission may extend its approval for a period of mote
than one year if that approval period is included as a specific condition of a written
subdivision improvements agreement between the City Commission and the developer,
provided for in Section 18.74.060.
n. Pursuant to Section 18.74JnO.B, if it is the developer's intent to file the plat prior to
installation, certification, and acceptance of all required improvements by the City of
Bozeman, an Improvcments Agreement shall be entered into with the City of Bozeman
guaranteeing the completion of all improvements in accordance with the Preliminary
Plat submittal information and conditions of approval. I f the final plat is filed prior to
the installation of all improvements, the developer shall supply the City of Bozeman
with an acceptable method of security ellual to 150 percent of the cost of the remaining
improvernents.
14. Pursuant to Section 18.06.060, the applicant shall submit with the application for final
plat review and approval, a written narrative stating how each of thc conditions of
preliminary plat approval has been satisfactorily addressed, and specifically (tab, page,
paragraph, etc.) where this information can be found.
D. Compliance with the required subdivision review process.
;\ subdivision preapplication was submitted on September 20, 2005. The preapplication was
reviewed by the DRC on October 12, 19 and 26, 2005, and the final preapplication letter was
mailed on October 27,2005. 'rhc applicant had until October 27,2006 to submit a preliminary
plat application.
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I-Annie III~ Findings of Fact and Order #P~05076
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i\ preliminary plat application was submitted on December 20, 2005 and the required
completeness letter was sent on December 22,2005. The preliminary plat was reviewed by the
DRC on January 4 and 11, 2006, and the required adequacy letter was mailed on January 11,
2006. On the second and final week of l)RC review, a favorable recommendation was
forwarded for consideration by the Planning Board and City Commission.
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday,
February 5 and 12, 2006. The site was posted with a public notice on February 3,2006. Finally,
notice was sent to adjacent property owners via certified mail, and to property owners of record
within 200 feet of the subject property via first class mail, on February 1, 2006.
On February 13, 2006 the subdivision staff report was drafted and fOlwarded with a
recommendation of conditional approval to the Planning Board for consideration at its Pebruary
22,2006 public hearing. The City Commission will make a final decision at an March 6, 2006
public hearing. Pinal decision for a Second or Subsequent Minor Subdivision from a Tract of
Record Preliminary Plat must be made within 60 working days of the date it was deemed
complete or in this case by March 13, 2006. If the application is approved on March 6, 2006
then it will have taken 55 working days.
E. Provision of easements for the loeation and installation of any planned utilities.
The applicants are proposing the standard required IS-foot public utility easements in the fronts
of all four lots for the provision of utilities.
F. Provision of legal and physical access to each parcel.
Proposed Lots 2--4 will gain access from Daffodil St. Proposed Lot I is already developed and
will continue to gain access directly frorn Durston Rd. If and when Lot 1 is further divided,
access will bc available from Daffodil St and Roger's Way.
ORDI,:IZ
After considering all matters of record presented at the public hearing, the Bozeman City
Commission found that the proposed subdivision would comply with the City of Bozeman Crowth
Policy and the requirements of the City ofBozernan Unified Development Ordinance and the Montana
Subdivision and Platting Act, if certain conditions were imposed. The evidence, as stated or referenced
in the Pin dings of Fact, justifies the imposition of the conditions ordered herein to ensure that the final
plat complies with all applicable regulations and all relluired criteria.
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Annie Ille Findings of Fact and Order
#P-05076
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THEREFORI~:, IT IS IIEREBY ORDERED that the Preliminary Subclivision Plat of the Annie
I II C Minor Subdivision for the property owners Roger and Rosalind Smith, be approved, subject to the
following conditions:
Conditions of Approval:
1. 'T'he final plat shall comply with the standards identified and referenced in the Unified
Development Ordinance. The applicant is advised that 1ll1met code provisions, or code
provisions that are not specifically listed as conditions of approval, does not, in any way, create a
waiver ot other relaxation of the lawful requirements of the Bozeman Municipal Code or state
law.
2. Unless the applicant can show that water rights or cash-in-lieu thereof was provided with
annexation, water rights or cash-in-lieu thereof, as calculated by the Director of Public Service,
is due with the final plat.
1. There is a history of flooding on these lots from the culvert that crosses Durston Road near
25th. Measures shall be taken to route stormwatet around thc proposed lots prior to issuance of
a building permit unless the problem is already corrected with the construction of Durston.
4. No building permits shall be issued until the construction contract for the Durston Road SID
project has been let.
5. The previously approved infrastructure plans for this phase shall be resubmitted for review and
approval.
6. A no access strip shall be shown on the final plat along the Durston frontage oflot 4, and along
the entire 25th Street frontage of the subdivision.
7. The subject property is located within the hn West SID #621 sewer and the lIRDC water
payback districts. Paybacks shall be made prior to filing the final plat.
This City Commission order may be appealed by bringing an action in the Eighteenth District
Court of Callatin County, within 30 days after the adoption of these Findings by the City Commission,
by following the procedures of Section 76-3-625, M.C.i\. The preliminary approval of this subdivision
shall be effective for one year ftom the date of adoption of these Pindings by the City Commission. At
the end of this pcriod the City Cornmission may, at thc written relluest of the subdivider, extend its
approval as provided for in the Bozeman Unified Development Ordinance.
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I Annie IIICFindings of FactondOrder #P-05076 I
DATED this 1 st_day of May, 2006.
BOZEMAN CITY COf'vIMISSION
f:;f~({ !~
Arn--<Sf: APPROV~:l)j\S TO FORM:
f)-/fl tL---.~/ /{(~(fb(/J
Devin M. Harbour Pauk{ Luwe C ,/1,-",/ \..
Acting Clerk of the Commission City ^ ttorney //
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